Marlboro Township City Zoning Code
ARTICLE IX
Historic Preservation
§ 220-192 Establishment of system of historic preservation, regulations and historic preservation map.
A.
There is hereby created in the Township of Marlboro an agency to be known as the "Historic Preservation Advisory Commission" and is referred to in this article as the "Commission."
B.
In adopting this article, it is the intention of the Township of Marlboro to create a framework of regulations that will be employed by the Commission and used to review all development activities involving the exterior of individually designated historic properties, objects or buildings and structures located within designated historic districts. It is the intention of the Township of Marlboro to create an agency that will work with and advise the Planning Board, the Zoning Board and individual property owners on the effect of applications on designated historic properties or improvements within an historic district.
C.
This article does not require or prohibit any particular architectural style; rather its purpose is to preserve the past by making the past compatible with and relevant to the present. To that end, new construction upon or near an historic property should not necessarily duplicate the exact style of the property; it must be compatible with and not detract from the historic property.
D.
The boundaries of the locally designated historic district are as depicted on the Township of Marlboro Zoning or Official Map or identified in any component of the Master Plan. Additionally, there are over 130 designated individual historic properties in the Township that are not located within the historic district, but do fall under the jurisdiction of this article. Other historic districts or individually designated historic properties may be established from time to time according to the criteria enacted by this article.
§ 220-193 Intended purposes.
These historic preservation regulations are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples or elements of the Township's environment in order to:
A.
Safeguard the heritage of the Township of Marlboro by preserving resources within the Township which reflect elements of its cultural, social, economic, archaeological and architectural history;
B.
Enhance the visual and aesthetic character, diversity, continuity and interest in the Township;
C.
Encourage the continued use of historic properties and facilitate their appropriate use;
D.
Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects or districts within the Township of Marlboro;
E.
Stabilize and improve property values for historically significant buildings and for buildings within the historic district, and foster civic pride in the built environment;
F.
Promote appreciation of historic properties for education, pleasure and the welfare of the local population;
G.
Encourage beautification and private reinvestment;
H.
Manage change by averting alteration or new construction not in keeping with the historic districts or individually designated historic properties;
I.
Discourage the unnecessary demolition of historic resources;
J.
Recognize the importance of individual historic properties located outside of historic districts by urging property owners and tenants to maintain their properties in accordance with the requirements and standards of this article;
K.
Encourage the proper maintenance and preservation of historic settings and landscapes;
L.
Encourage appropriate alterations of historic properties; and
M.
Promote the conservation of historic sites and districts, and invite and encourage voluntary compliance.
§ 220-194 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior architectural appearance of any individually designated historic property or any structure within a designated historic district.
The Township Construction Officer, who will handle the administration of historic project review applications as well as the coordination of building permit applications as referred in this article.
Any development activity which alters the exterior architectural appearance of an historic property or any improvement within an historic district.
Any work done on any improvement which is not an addition to the improvement and constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.
Any private person, persons or any representative of any private entity, private organization, association or public agency with legal authority to make an alteration, addition, renovation and repair or demolish a structure that is governed under this article.
Any element or resource of the architectural style, design or general arrangement of a structure that is visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, the type, color and texture of the building materials, signs and other decorative and architectural elements.
A structure designed for the habitation, housing or enclosing of persons, shelter, storage, trade, manufacture, religion, business, education and the like, enclosing a space within its walls, and usually, but not necessarily, covered with a roof.
The certificate issued by the Planning Board, Zoning Board or administrative officer after review of the certificate of appropriateness application by the Historic Preservation Advisory Commission. This certificate is required prior to undertaking rehabilitation, restoration, renovation, alteration, ordinary and nonordinary repair work or demolition work undertaken within an historic district or on an individually designated historic structure pursuant to this article.
Partial or total raising or destruction of any historic property or of any improvement within an historic district.
The condition of being in need of repairs; a structure or building in disrepair.
Those paint colors that are found to-be traditionally associated with specific architectural styles or periods of architectural design.
A geographically definable area, urban or rural, small or large, possessing a significant concentration, linkage or continuity of sites, buildings, structures and/or objects which, viewed collectively:
Represent a significant period(s) in the development of the Township of Marlboro;
Have a distinctive character resulting from their architectural style; or
Because of their distinctive character can readily be viewed as an area or neighborhood (district) distinct from surrounding portions of the Township.
Those resources within an historic district classified as key, contributing or noncontributing, which are defined as:
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for historic property status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
The body which, for the purposes of this article, acts as the Historic Preservation Commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any buildings, structures, sites or objects that possess integrity of location, design, setting, materials, workmanship or association and which have been designated pursuant to the terms of this article to be:
Of particular historic significance to the Township of Marlboro by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community;
Associated with historic personages important in national, state or local history;
The site of an historic event which had a significant effect on the development of the nation, state or community;
An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering;
Representative of the work of an important builder, designer, artist or architect;
Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in prehistory or history.
Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction of installation for a period of not less than 120 days.
The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
A list of historic properties determined to meet specified criteria of significance.
The Master Plan of the Township of Marlboro, as amended from time to time, compiled pursuant to the Municipal Land Use Law.
The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
Any repair which does not constitute an "ordinary repair" under the definition of that term as set forth in this article.
A thing of functional, aesthetic, cultural, historic or scientific value that may be, by nature of design, movable yet related to a specific setting or environment, such as a monument or boundary marker.
A legislative act of the governing body of a municipality adopted in accordance with statutory requirements as to notice, publicity and public hearings as required by law.
Repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly as is practicable to its condition and appearance prior to the occurrence of such deterioration, wear or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, using the same materials or modern materials as determined appropriate, having the same appearance.
A zoning district made up of underlying zone districts or parts of zone districts as shown on the Township of Marlboro Zoning Map. An overlay zone district controls certain standards with the exception of bulk and use requirements, which are controlled by the underlying zone district(s).
A determination regarding whether the applicant has demonstrated sufficient negative criteria or provided sufficient special reasons explaining how the preservation, rehabilitation, restoration or reconstruction of an historic resource will impact the applicant's ability to use the property in accordance with the guidelines as set forth in the Standards of the Secretary of the Interior, or as may be set forth in the local zoning requirements.
The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic building, structure or property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. New exterior additions are not within the scope of this particular activity; however, the limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a preservation activity.
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack or to cover or shield the property from danger or injury.
The act or process of depicting, by means of new construction, the exact form, features and detailing of a nonsurviving site, landscape, building, structure or object, or any part thereof, for the purpose of replicating its appearance at a specific period of time and in its historic location.
The act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those proportions or features which convey its historical, cultural or architectural values.
To partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.
Any work done on any improvement which:
The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.
The act or process of accurately depicting the form, features and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period that is selected. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within the scope of restoration activities.
The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archeological significance.
A combination of materials used to form a construction for the purposes of occupancy, use or ornamentation, having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of the land. The word "structure" shall also include fences; walls (other than retaining walls); independent radio, telephone or television antennae; gasoline pumps; gazebos; pergolas; and swimming pools.
A zoning district, which forms a constituent part of an overlay zone district. Underlying zone districts control bulk and use requirements.
§ 220-195 Application of provisions.
The following regulations shall apply to all historic resources in a district and to any other historic properties which are designated in accordance with the procedures outlined in § 220-199.
§ 220-196 Permitted uses.
Uses permitted within an historic district or on an historic site shall be the same as those permitted in the underlying zoning district.
§ 220-197 Area and height regulations.
The maximum building height, minimum lot size, maximum coverage, etc., shall be as provided in the Zoning Ordinance for the respective zones, except that the Planning Board or Zoning Board may grant variances and waivers from such regulations where necessary to preserve historic characteristics of a building, structure, historic property or site.
§ 220-198 Historic Preservation Advisory Commission.
A.
Establishment. There is hereby established a commission that shall be known as the Township of Marlboro Historic Preservation Advisory Commission. The Commission shall consist of nine members, who shall serve without compensation, except that Commission members shall be reimbursed for reasonable and necessary expenses incurred in the performance of official business within the guidelines of the budget established by the Township Council for the Commission.
B.
Membership and officers.
(1)
Commission members shall be appointed by the Mayor. People who are interested in and qualified to contribute to the preservation of historic buildings, structures, sites, objects and districts shall fill the positions. Pursuant to N.J.S.A. 40:55D-107, at the time of appointment the members shall be designated by the following categories:
(a)
Class A: a person who is knowledgeable in building design and construction or architectural history.
(b)
Class B: a person who is knowledgeable, or with a demonstrated interest, in local history.
(c)
Class C: persons who are residents of the Township of Marlboro and who hold no other municipal office, position or employment, except for membership on the Planning Board or Zoning Board, and who shall have a demonstrated interest, competence or knowledge in historic preservation.
(d)
Members emeritus: persons who have previously served on the Commission, who still have a strong interest in the Commission, but do not serve as active or voting members. These persons can serve on special committees and partake in special events.
(2)
There should be at least one member each from Class A and Class B. Although a person who is not a resident of the Township of Marlboro may serve as a Class A or Class B member, preference shall be given to residents having a degree in architecture, history or archeology who satisfy the requirements of the National Historic Preservation Act. A member of the Township Council shall be designated as a nonvoting liaison between the Commission and the Township Council.
C.
Terms. The terms of members shall be for four years. The terms of the initial members appointed under this article shall be staggered, to the extent possible, evenly over the first four years after their appointment. The term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Commission and the Zoning Board shall be for the term of membership on the Zoning Board. All members, at the expiration of their terms, may be eligible for appointment to an additional four-year term. Appointments to fill vacancies shall be only to complete the unexpired terms. Vacancies shall be filled within 60 days. The Commission shall annually elect a Chairperson and Vice Chairperson from its members and select a Secretary, who may be a member of the Commission or a municipal employee. A member of the Commission may, after public hearing if requested, be removed by the Township Council for cause.
D.
Meetings and hearings.
(1)
All meetings and hearings of the Commission shall be open to the public except where otherwise provided by law. All public meetings and hearings shall be held at times and places specified by the Chairperson, agreed to by the Commission, and in accordance with law.
(2)
Public notice shall be given of the schedule of regular meetings at the beginning of each calendar year and shall state the regular dates, times and places of such meetings. Public notice of any special meeting or of any rescheduled regular meeting or any reconvened meeting shall be given at least 24 hours before each meeting, unless reconvened within 24 hours; provided, however, no additional public notice of reconvened meetings need be made where announcement of the time and place of the reconvened meeting is made at the original meeting, and where there is no change in the agenda. In the event a change is made in a regular meeting date, notice of such change shall be given, according to law, by publication in a newspaper of general circulation in the Township of Marlboro area.
(3)
Quorum for the transaction of all business shall be five members.
(4)
No Commission member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
E.
Records. The Commission shall keep minutes of all its proceedings. All Commission minutes and records are public records, subject to the provisions of N.J.S.A. 47:1A-1 et seq. Photostatic copies of public records may be obtained upon written request, and the cost of such copies shall be borne by the person or persons requesting same.
F.
Expenses and experts. The Township Council shall make provision in its budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for and fix the compensation of experts and such services as it shall deem necessary. Notwithstanding the foregoing, the hiring of all professionals by the Commission is subject to the approval of the administration. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Council. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for the Commission's use.
G.
Responsibilities and duties.
(1)
Review historical survey material and, if necessary, update said material at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition.
(2)
Recommend to the Planning Board and the Township Council, pursuant to N.J.S.A. 40:55D-65.1, any additional sites to be designated as historic properties in accordance with the procedures established in § 220-199.
(3)
Conduct research on and, if feasible, nominate historically significant properties to the State and National Registers of Historic Places. If the Township of Marlboro is certified under the state's Certified Local Government (CLG) Program, the Commission shall, in accordance with the state's CLG guidelines, review and comment on all State and National Register nominations for historic buildings and sites within the Township of Marlboro.
(4)
Advise the Planning Board and the Zoning Board, pursuant to N.J.S.A. 40:55D-110, on how development and zoning applications affect historic properties in accordance with the procedures established in § 220-201. The recommendations of the Commission to the Planning Board or Zoning Board shall not be binding.
(5)
Advise the Planning Board and Zoning Board, upon request, as to any applications before those bodies which are not within but which may substantially affect any historic district or historic site. The recommendations of the Commission to the Planning Board or Zoning Board shall not be binding.
(6)
Make recommendations to the Planning Board, in accordance with N.J.S.A. 40:55D-111 and the procedures established in § 220-202, regarding applications for building permits with respect to work to be performed involving buildings that fall within the provisions of this article or improvements within an historic district. The recommendations of the Commission to the Planning Board shall not be binding. The Planning Board shall then render its report to the administrative officer. The administrative officer is bound by the Planning Board's decision.
(7)
Assist other public bodies in aiding the public in understanding the significance and methods of preservation of historic properties by having available materials on the importance, guidelines and techniques of historical preservation.
(8)
Prepare and distribute material to be utilized for applications reviews and foster appropriate rehabilitation, reconstruction and/or restoration of historic properties and historic districts.
(9)
Advise and assist property owners and other persons and groups, including neighborhood organizations, which are interested in historic preservation.
(10)
Assist in educational programs, including the preparation of publications and the placing of historic markers.
(11)
Carry out such advisory, educational and informational functions as will promote historic preservation in the community and, as necessary, consult with the Township of Marlboro Historical Society as well as the Monmouth County Historical Association on matters pertaining to the protection of the Township's historic resources.
(12)
Advise the Township Council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures, including the preparation of a long-range plan; therefore securing state, federal and other grants in aid to assist therein and monitoring such projects once underway.
(13)
Secure the voluntary assistance of the public and (within the limits of the budget established by the Township Council for the Historic Preservation Advisory Commission's operation or within the limits of any gifts or grants) retain consultants and experts and incur expenses to assist the Commission in its work. The hiring of all professionals must be approved by the Administration.
(14)
Seek from local, county, state or national historic societies, governmental bodies and organizations grants to maximize their contributions to the intent and purposes of this article.
(15)
Request the Zoning Officer to seek, on his/her own motion or otherwise, injunctive relief for violations of this article or other actions contrary to the intent or purposes of this article.
(16)
Advise the Planning Board in writing during the preparation and/or update of the Township Master Plan regarding the Historic Preservation Plan Element of the Master Plan.
(17)
Within the limits of the budget established by the Township Council for the Commission's operation or within the limits of any gift or grants, prepare and distribute an historic properties guideline handbook to be utilized for application reviews and foster appropriate rehabilitation within the historic district(s).
(18)
Report at least annually in writing to the Township Council on the state of historic preservation in the Township and recommend measures to improve same.
(19)
Advise all municipal agencies regarding the goals and techniques of historic preservation.
(20)
Perform any other lawful activities which may be deemed necessary to further the purposes of this article.
§ 220-199 Designation of historic properties and additional historic districts.
A.
In addition to the properties and structures already identified in the Historic Preservation Plan Element of the Township's Master Plan, the Commission shall consider for historic property designation, historic site or historic district designation any additional buildings, structures, objects, sites or districts within the Township which merit historic designation and protection, by reason of possessing integrity of location, design, setting, materials, workmanship of association and being:
(1)
Of particular historic significance to the Township of Marlboro by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community;
(2)
Associated with historic personages important in national, state or local history;
(3)
The site of an historic event which had a significant effect on the development of the nation, state or community;
(4)
An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering;
(5)
Representative of the work of an important builder, designer, artist or architect;
(6)
Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
(7)
Able or likely to yield information important in prehistory or history.
B.
Based on its review or upon the recommendation of other municipal bodies or of concerned citizens, the Commission may make a list of additional properties recommended for historic property designation and for sections of the Township recommended for historic district designation. For each proposed historic property or for each proposed historic district, there shall be a brief description of the property or district, a statement of the significance of the property or district pursuant to the criteria in Subsection A of this section, a description of location and boundaries of the property or district and a map siting. The Commission shall, by certified mail:
(1)
Notify each owner that his property is being considered either for historic property designation or inclusion within a designated historic district, and the reasons for each designation.
(2)
Advise each owner of the significance and consequences of such designation, and advise him of his opportunities and rights to challenge or contest such a designation.
C.
The list of potential additional historic properties and potential historic districts as well as the descriptions, significance, location, boundaries and map siting of each shall be subject to review at a Commission public hearing. At least 10 calendar days before such a hearing, a preliminary list and map showing proposed historic properties and proposed historic districts shall be published, together with a notice of the hearing, in an official newspaper of the Township. At the hearing, interested persons shall be entitled to present their opinions, suggestions and objections regarding the proposed recommendations. The Commission shall then prepare a concise report, including a list and a map of its recommendations for sites, structures, buildings, objects or districts to be designated as historic properties or historic districts. Copies of the report shall be delivered to the Mayor, Township Council, Planning Board and the Township Clerk and, a notice of the report shall be published by the Commission in an official newspaper of the Township. The public notice shall state the Commission's recommendations and also that final designation will be made by the Township Council at a public meeting specified on a date not less than 15 days nor more than 45 calendar days from the date of publication.
D.
The Township Council shall then consider the designation list and map, and may approve, reject or modify same by ordinance. Such a final determination by the Township Council shall create historic property status and/or historic district status. Copies of the designation list and official map as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits.
E.
Once adopted, the designation list and map may be amended in the same manner it was adopted. Following adoption, certificates of designation shall be served by certified mail upon the property owner of each historic property designation, and a true copy thereof shall be filed with the Tax Collector and Tax Assessor who shall maintain a record of all historic designations on the tax rolls. Copies of the designation list and map as adopted shall be made public and distributed to all municipal agencies reviewing development applications, construction and zoning permits.
F.
Upon adoption, the designation list and map also shall be incorporated by reference into the Township's Master Plan and Zoning Ordinance as required by state enabling legislation.
§ 220-200 Actions requiring review by the Historic Preservation Advisory Commission.
A.
All permits and development applications involving any of the following activities that affect an historic property or an improvement within an historic district, as designated in the Historic Preservation Plan Element of the Township's Master Plan, shall be reviewed by the Commission except as set forth in Subsection B of this section. Such review shall be required for, but not limited to, the following actions:
(1)
Demolition, in whole or in part, of an historic property or of any improvement within an historic district.
(2)
Relocation of an historic property or an improvement within an historic district.
(3)
Significant, nonhistoric changes in exterior appearance by means of repainting (not in the same color or a historically certified color).
(4)
Changes in exterior appearance by means of nonordinary repairs, replacement, rehabilitation, alteration or addition to any historic property or any improvement within a designated historic district.
(5)
New construction taking place within a designated historic district.
(6)
Changes in or additions of new signage or exterior lighting.
(7)
Zoning variances affecting an historic property or any improvement within a designated historic district.
(8)
Site plans or subdivisions affecting an historic property or an improvement within an historic district.
(9)
Roadway widening projects. In making a recommendation on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission shall also recognize the importance of making recommendations that will be both consistent with the purposes of this article and reasonable for the applicant to carry out. Before an applicant prepares plans, he or she may bring a tentative proposal to the Commission for informal review and comment.
B.
A review by the Commission is not required for the following, no matter where located:
(1)
When immediate and emergency repairs are required to preserve the continued habitability of an historic property or improvement within an historic district and/or health and safety of its occupants or others. Emergency repairs may be performed in accordance with the Township codes without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants or others and/or to maintain the habitability of the structure. A request for the Commission's review and issuance of a certificate of appropriateness shall be made as soon as possible. No additional work shall be performed upon the structure until a certificate of appropriateness is obtained in accordance with the procedures set forth in this article. All work done under this section shall conform to the criteria set forth in § 220-203.
(2)
For changes to the interior of buildings and structures.
(3)
For ordinary repairs and maintenance that do not constitute a change to the appearance of the structure, as would be appropriate to the style and period. The following are the only activities that do not require Commission review according to these criteria:
(a)
Repair of existing windows and doors, using the same material. Installation of storm windows that are compatible with the architectural period or design of the subject structure;
(b)
Maintenance and repair of existing roof material, involving no change in the design, scale, material or appearance of the structure;
(c)
Repair of existing roof structures (such as cupolas, dormers and chimneys) using the same materials, which will not alter the exterior architectural appearance of the structure;
(d)
Repair/replacement in kind of existing shingles, clapboards or other siding maintaining the architectural integrity of the structure;
(e)
Repairs to existing signs, shutters, outdoor displays, fences, hedges, street furniture, awnings, off-street driveway and parking materials and sidewalks, using the same material for those items noted above being repaired;
(f)
Exterior painting of existing structures in historically certified colors;
(g)
Replacement or installation of screens;
(h)
Replacement of exterior rainwater gutters, downspouts and leaders;
(i)
Repair or replacement of any exterior trim, decoration or moldings; and
(j)
Repair of any part of a porch or stoop, which does not structurally support a roof above.
§ 220-201 Procedures for the review of development and zoning applications.
A.
For all applications presented to the Planning Board and/or Zoning Board which meet the criteria set forth in § 220-200A, the property owner shall also submit to either Board, as appropriate, an application for review and request for issuance of a certificate of appropriateness. Such an application shall pertain solely to the proposed site review or zoning request. If building permits are required, those actions will be reviewed separately by the Commission in accordance with the procedures outlined in § 220-202.
B.
The Planning Board or Zoning Board shall forward to the Commission a complete set of all application materials as well as the application for review and request for issuance of a certificate of appropriateness. Such referral shall be made when the application is deemed complete or is scheduled for a hearing, whichever is sooner. The Commission shall be allowed at least 14 calendar days from the day it receives a complete application to prepare its recommendations to either the Planning Board or Zoning Board regarding whether the certificate of appropriateness should be approved or denied. Said recommendations shall be in the form of a written report, which may be orally conveyed to the appropriate Board through the Commission's delegate at a hearing on the application.
C.
The Commission's recommendation shall focus on how the proposed undertaking would affect an historic property's historical or architectural significance as outlined in § 220-199A. In considering the Commission's recommendations, the Planning Board or Zoning Board shall be guided by the review criteria established in § 220-203. The recommendation of the Commission shall not be binding upon the Planning Board or the Zoning Board.
§ 220-202 Procedures for review of building permits and alterations.
A.
Prior to undertaking any action affecting the exterior architectural appearance of an historic property or an improvement within an historic district, regardless of whether a building permit is required, the property owner shall complete and submit to the administrative officer an application for review and request for issuance of a certificate of appropriateness.
B.
An application for a certificate of appropriateness shall be submitted on forms provided by the administrative officer. Each application submission shall include, at a minimum, the following information:
(1)
Those drawings, plans, photographs, manufacturer specifications and sample materials that are required by the administrative officer and/or as may be noted in the application checklist.
(2)
Detailed drawings, when required by the administrative officer, which shall be drawn at the appropriate scales and shall depict the exact work to be performed, including renderings of the exterior of any proposed new building and/or structure or any exterior alterations to existing improvements. A detailed plot plan delineating the relationship of the renderings of the proposal in relation to adjacent improvements, buildings and/or structures or surrounding lands may be required as determined by the administrative officer. Drawings shall be prepared and sealed by either a New Jersey licensed registered architect or other New Jersey licensed design professional or by the residing property owner of a single-family dwelling under his/her ownership with an accompanying affidavit of ownership, as required by P.L. 1989, Chapter 277 (commonly known as the "Building Design Services Act") or other applicable laws of the State of New Jersey.
C.
The administrative officer shall refer the application to the Commission for its recommendation. The Commission or its designee shall review the application for technical completeness. Any application found to be incomplete shall be returned to the applicant within 10 calendar days of the receipt of the application.
D.
When an application is found to be technically complete, the Commission shall schedule a review of the application at its next regularly scheduled meeting. The applicant shall be notified of the meeting date and shall be allowed an opportunity to speak at the meeting. The Commission may recommend the denial of any application that is not properly represented at the hearing.
E.
The Commission shall report to the Planning Board within 25 calendar days after the application is deemed complete. The report shall set forth the Commission's recommendation regarding whether the certificate of appropriateness should be approved, denied or conditionally approved; and it shall explain, in writing, the reasons for its recommendation. In accordance with Subsection F of this section, if the application involves demolition or removal, the Commission may also recommend postponement. The Commission's recommendation shall focus on how the proposed undertaking would affect a property's historic or architectural significance pursuant to the review criteria set forth in § 220-203. The Commission's recommendation shall not be binding upon the Planning Board.
F.
When making its determination on the application for a certificate of appropriateness, the Planning Board should be guided by the review criteria set forth in § 220-203. The Planning Board should consider the Commission's recommendations with the same care it affords all expert information. The Planning Board may accept, reject or modify the Commission's recommendations. The Planning Board shall provide its report to the administrative officer for the appropriate action within 45 days of his or her referral of the application to the Commission. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of the application for a certificate of appropriateness, without conditions. The administrative officer is bound by the Planning Board's decision.
G.
Approval, denial or postponement.
(1)
The Planning Board, upon affirmative vote of a majority of the membership, may approve, deny or postpone demolition of an historic property ancillary to a development application for up to one year. The Planning Board and the Commission may utilize this time period to consult with the New Jersey State Historic Preservation Office, the Monmouth County Historical Commission or other similarly qualified organizations to ascertain how the Township may preserve the structure, when demolition or moving thereof would be a great loss to the Township. The Planning Board may request that the Township Council initiate such actions as may lead to the preservation of the premises within the one-year hiatus. In its review of an application to demolish a site pursuant to this section, the Commission may require the applicant to prepare a financial analysis which may include any or all of the following:
(a)
Amount paid for the property, date of purchase and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
(b)
Assessed value of the land and improvements thereon according to the most recent assessment.
(c)
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
(d)
All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property.
(e)
Bona fide offers of the property for sale or rent, price asked and offers received, if any.
(f)
Any consideration by the owner as to profitable, adaptive uses for the property.
(2)
The Commission shall study the question of economic hardship for the applicant and shall determine whether the site or the property in the historic district can be put to beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations.
§ 220-203 Criteria for review of applications.
In reviewing an application for its effect on a building, improvement or structure within an historic district or an historic property, the following criteria shall be used by the Commission, the Planning Board and the Zoning Board. The criteria set forth in Subsection A relate to all projects affecting an historic site or an improvement within an historic district. The criteria set forth in Subsections B through D relate to specific types of undertakings and shall be used in addition to the general criteria set forth in Subsection A.
A.
In regard to all applications affecting an historic site or an improvement within an historic district, the following factors shall be considered:
(1)
The impact of the proposed change on the historic and architectural significance of the site or the historic district.
(2)
The site's importance to the Township and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.
(3)
The use of any structure involved.
(4)
The extent to which the proposed action would adversely affect the public's view of an historic site within an historic district from a public street.
(5)
If the proposed undertaking affects a structure within an historic district, the impact the proposed change would have on the district's architectural or historic significance and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth below.
B.
With respect to applications for certificates of appropriateness relating to changes in exterior appearance, new construction, alteration(s), addition(s), nonordinary repair(s), rehabilitation, replacement(s), signage or exterior lighting, excavation or ground disturbance, involving an historic property or any improvement within the historic district, the following shall be considered:
(1)
The use of any building and/or structure involved.
(2)
The historical or architectural value and significance of the building and/or structure and its relationship to the historic value of the surrounding area.
(3)
The effectiveness of the proposal in adhering to the building and/or structure's original style or destroying or otherwise affecting the exterior texture, materials and architectural features.
(4)
The overall effect that proposed work would have upon the protection, enhancement, perpetuation and the use of the property, adjoining properties and the historic district in which it is located.
(5)
The general compatibility of exterior design, arrangement and materials proposed to be used and any other factor, including aesthetic, which is found to be pertinent.
(6)
The practicality of performing the work with materials or workmanship of a type equivalently or similar to the historical or architectural era during which the structure, building or place was constructed.
(7)
The impact of the proposed change upon archaeological resources.
(8)
The general purposes of the Municipal Land Use Law set forth in N.J.S.A. 40:55D-2, including, but not limited to the following:
(a)
Appropriate use or development of all lands in a manner which promotes the public health, safety, morals and general welfare.
(b)
Promotion of a desirable visual environment through creative development, techniques and good civic design and arrangements.
(c)
Conservation of historic sites and districts, open space, energy resources and valuable natural resources to prevent degradation of the environment through improper use of land.
(d)
Encouraging coordination of the various public and private procedures and activities, shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
C.
Visual compatibility.
(1)
In assessing visual compatibility, the following factors (commonly known as "visual compatibility factors") shall be considered in reviewing applications for new construction, alterations, additions or replacements affecting an historic property or an improvement within an historic district:
(a)
Height. The height of the proposed building and/or structure should be visually compatible with adjacent buildings and/or structures.
(b)
Proportion of the building's front facade. The relationship of the width of the building and/or structure to the height of the front elevation should be visually compatible with buildings and/or structures and places to which it is visually related.
(c)
Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(d)
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with buildings and places to which it is visually related.
(e)
Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of buildings shall be visually compatible with buildings and places to which it is visually related.
(f)
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(g)
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(h)
Roof. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.
(i)
Walls of continuity. Appurtenances of a building and/or structure such as walls, open-type fencing, evergreen-landscaping masses and so forth should form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building and/or structure and places to which it is visually related.
(j)
Scale of buildings. The size of a building, mass of a building in relation to open spaces, the windows and door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(k)
Exterior features. A structure's related exterior features such as lighting, fences, signs, sidewalks, driveways and parking areas shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant.
(l)
Directional expression. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this is vertical character, horizontal character or nondirectional character.
(2)
It is not the intent of this article to discourage contemporary architectural expression or to encourage new construction which emulates existing buildings of historic or architectural interest or of a certain period or architectural style, but rather to preserve the integrity and authenticity of historic districts and to insure the compatibility of new structures therein.
D.
In addition to the visual compatibility factors listed in the preceding subsection, the following standards for rehabilitation as promulgated by the United States Secretary of the Interior should be considered with respect to work proposals dealing with historic properties:
(1)
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building, structure and its site and environment.
(a)
Every reasonable effort shall be made to provide a compatible use for a property, which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purposes.
(b)
The proposed design and materials will conform to the building's original architectural style.
(2)
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(3)
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historic development such as adding conjectural features or architectural elements from other buildings shall not be undertaken. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4)
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features, finishes and construction techniques or examples of craftsmanship which characterize a building, structure or site shall be preserved.
(6)
Deteriorated historic features (e.g., windows, doors, shutters, trim, siding, etc.) shall be repaired rather than replaced, wherever possible, using the Secretary of the Interior's Standards for Rehabilitation. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence, rather than conjectural designs or the availability of different architectural elements from other buildings or structures.
(7)
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of buildings and/or structures, if appropriate, shall be undertaken using the gentlest means possible.
(8)
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9)
New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property, neighborhood and its environment. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(10)
New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(11)
Synthetic siding is not acceptable on key buildings. Metal or vinyl siding may be used to resurface facades of low public visibility on contributing buildings that were originally wood-sided only if the substitute siding is similar in design, width and texture to the original clapboard and will not endanger the physical condition and structural life of the building. Architectural trim must be retained.
(12)
The number, size and locations of original window and door openings shall be retained. Window and door openings shall not be reduced to fit stock material. New window and door openings shall not be added on elevations that are subject to view from a public street. Vinyl, vinyl clad, aluminum and aluminum clad windows and doors are not acceptable on key buildings. Nonwood-surfaced window frames and doors may be used on side and rear exposures of low public visibility on contributing buildings that were originally wood windows and doors when the substitute windows and doors are similar in design, width and texture to the original wood windows or doors and will not endanger the physical condition and structural life of the building. Architectural trim and adornments must be retained. Nonwood-surfaced window frames and doors are acceptable on noncontributing buildings.
E.
With respect to applications for demolition, it should first be considered whether preservation of the historic property in place is feasible or, failing that option, whether preservation of the historic property at another location is feasible.
(1)
In determining whether preservation of the historic property in place is feasible, the following shall be considered:
(a)
Whether the historic property represents the last or best remaining example of its kind in the Township that possesses research potential or public education values; its historic, architectural, cultural or scenic significance; its importance to the Township and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
(b)
Whether the historic property can be preserved by protecting its location from disturbance; if it is within an historic district, the significance of the structure in relation to the historic character of the district and the probable impact of its removal on the district; the probability of significant damage to the historic site.
(c)
Whether affirmative measures, such as stabilization, rehabilitation, restoration or reuse, can result in preservation of the structure in order to comply with the requirements of the Uniform Construction Code; its structural condition and the economic feasibility of alternatives to the proposal; the extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could be reproduced only with great difficulty and expense.
(d)
Whether redesign of the development proposal to avoid impact can result in preservation.
(e)
Whether the steps necessary to preserve the historic property are feasible and practical.
(f)
Whether the protective measures will result in long-term preservation of the historic property.
(g)
The extent to which the historic property is an attraction for tourist and students; the extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design, or making the Township an attractive and desirable place in which to live. If the proposed new location is within an historic district, visual compatibility factors as set forth in Subsection C of this section. If it is to be removed from the Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens.
(h)
The historic, architectural, aesthetic and social significance of the structure and/or importance and uniqueness to the Township and extant archaeological resources. If it is within an historic district, the probable impact of its removal upon the ambience of the historic district.
(2)
In determining whether preservation of the historic property at another location is feasible, the following shall be considered:
(a)
Whether the historic property can be removed and still retain its historic significance; the historic loss to the site of original location and, where applicable, the historic district as a whole; the compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of interest and values referred to in this article.
(b)
Whether the historic property is sufficiently well preserved to permit relocation.
(c)
Whether alternative locations compatible with the historic property are available.
(d)
Whether it is feasible and practical to relocate the historic property.
(e)
Whether the relocation will result in long-term preservation of the historic property.
(f)
The reasons for not retaining the building improvement or structure at its present location.
(g)
Any consideration by the owner as to profitable, adaptive uses for the property.
(3)
Nothing in this section shall preempt the administrative authority of the municipal Construction Code Official.
§ 220-204 Effect of project approval; denial; appeal.
A.
Approval of an application for a certificate of appropriateness by the Planning Board, Zoning Board or administrative officer shall be deemed to be final approval pursuant to this article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Township ordinance to be made prior to undertaking the action requested concerning the historic site or improvement in an historic district.
B.
Denial of an application for a certificate of appropriateness for a development application or a building permit shall be deemed to bar the applicant from undertaking the activity which would affect the historic property or improvement in an historic district.
C.
An applicant for a certificate of appropriateness for a development application shall have all appeal rights afforded to him or her by law and by Chapter 220 of the Code of the Township of Marlboro.
D.
An applicant for a certificate of appropriateness for a building permit shall appeal the decision of the administrative officer to the Zoning Board pursuant to N.J.S.A. 40:55D-70.2.
§ 220-205 Violations and penalties.
A.
Any person, including the owner of the property, contractors and those acting at the request or by the authority of the owner and/or contractor, who shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic property by addition, alteration or replacement without first having obtained approval of the activity shall be deemed to be in violation of this article.
B.
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the historic property to the condition it was in prior to the violation occurring. If the owner cannot be personally served within the Township with the said notice, a copy shall be posted on the site and a copy sent to the owner by certified mail, return receipt requested, at his/her last known address as it appears on the municipal tax rolls.
C.
In the event that the violation is not abated within 10 days of serving notice or posting on the site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, specifying the wrongful conduct of the violator. Each separate day the violation continues to persist shall constitute a separate and new offense.
E.
If any person shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic site by addition, alteration or replacement without first having obtained approval of the site, he shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the site affected pending a decision. If the project is denied, he shall immediately restore the site to its preactivity status. The Zoning Officer is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to Subsection B. Such injunctive relief shall be in addition to the penalties authorized under Subsection D.
F.
In the event that any action which would permanently affect an historic property or an improvement within an historic district, or a demolition is about to occur, without a certificate of appropriateness having been issued, the Zoning Officer is empowered to apply to the Superior Court for injunctive relief as is necessary to prevent such action.
G.
The Business Administrator of the Township, in the absence of the Zoning Officer, shall perform all of aforementioned duties as granted to said officer by this article.
§ 220-206 Interpretive statements.
A.
Nothing contained within this article shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.
B.
In the event of any inconsistency, ambiguity or overlapping of requirements between these provisions and any other requirements enforced by the municipality, the more restrictive shall apply, to the effect that state and/or federal legislation has not preempted the municipality's power to enforce more stringent standards.
C.
All other ordinances and provisions inconsistent or conflicting with the provisions of this article are hereby repealed to the extent of such conflict or inconsistency, provided that they are not otherwise required by law.
D.
In no case shall this article be interpreted to review or regulate activities for repair or installation of public utility lines, including water, sewer, telephone, gas, electric; or any underground improvement; any other utility improvement that does not affect the exterior of an existing structure or does not constitute a new building or structure; or improvements within the public right-of-way.